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Home My WebLink AboutZOA-92-3M E M O R A N D U M TO: ob Middaugh, City Administrator FROM: Glen Gidley, Director of Planning & Development RE: Parking of Boat and RVs in Street R.O.W. DATE: October 15, 1992 it is my understanding that Councilman Selstad raised the issue of boats, trailers and other recreational vehicles being parked within City street rights-of-way. He has expressed concern regarding both safety and aesthetics. From a community development standpoint, 2 agree with Mr. Selstad, however, when I have proposed stronger regulations in the past, the recommendations ware not accepted. Such vehicles are currently regulated in two places in the Code of Laws as follows: "Section ~5-41 NUTSANrFS_AbandonmP + { Mo or V hicleg (c) Any motor vehicle left unattended within any portion of a highway, street or public right-of-way within the city limits for a period of twenty-four (24) hours shall be presumed abandoned unless the owner or operator thereof shall have conspicuously affixed thereto a dated notice indicating his intention to return or shall be otherwise notified the department of his intention to move the same. Any such motor vehicle shall immediately be presumed abandoned if such vehicle is parked in such a manner or under such conditions as to interfere with the free movement of vehicular traffic or proper street or highway maintenance." erection 26-31 ZONrN - R G+~P +~ai par3cing Re +r+~+j on (a) In residential zone districts, the parking of trucks, vans, buses or licensed trailers which are used for commercial purposes, whether the commercial enterprise is conducted from the home or conducted elsewhere, is prohibited, except as follows. An occupant of a dwelling may park, or allow the parking of, no more than one (1) truck or van which is used for commercial purposes upon the premises or within street frontage where allowed; provided, however, that such vehicle does not exceed a one-ton chassis. Parking of trailers which are used for commercial purposes is prohibited. (b) In residential zone districts, motor homes or recreational vehicles, which are either eight (8) feet or more in width or twenty-five (25) feet or more in length, may be parked or stored upon the property of the owner, or if said vehicles are owned by anyone other than the property owner where parked, raid motor vehicles or recreational vehicles may be stored or parked on said private property with the knowledge and consent of the property owner; provided that no more than two (2) such vehicles are stored on any such lot or parcel at any one (1) time; and provided said vehicles are parked six (6) feet or more inside the front property line; except that, for the purpose of allowing the loading or unloading of any motor home or recreational vehicles, such motor home or recreational vehicles may be lawfully parked on a public street directly in front of the property of the person or persons being visited by the owner or operator of the vehicle for a maximum period of twenty-four (24) hours no more frequently than once in each two-week period. In cases where it is desired to maintain a large motor home or recreational vehicle either within six (6) feet of a public street on private property or within a lawful parking area on a public street abutting the front of the property in excess of twenty-four (24) hours, the property owner may obtain a temporary parking permit from the planning and development department. Such temporary parking permit shall be for a time period not to exceed fourteen (14) days; and no more than one (1) such permit shall be issued each six (6) months for the same property." In the case of abandoned vehicles (Sec. 15-41), the police department enforces these provisions, mostly on a complaint basis. According to Chief Hurst, it only applies to motor vehicles, not trailers or boats. Additionally, it is problematic to enforce because alI that is required is that the vehicle must be moved - even if only one inch. Perhaps an amendment that requires current registration and licensing, as well as being operational would be advisable. In the case of zoning provisions (Sec. 26-31), the code enforcement division or the police department can enforce these provisions. Once again, enforcement is usually on a complaint basis. The criteria for determining compliance is vehicle weight (in the case of commercial vehicles) and size (in the case of recreational vehicles). Although many motor homes may exceed 25 feet, very few boats and camping trailers exceed this standard. Hence, you see boats, camping trailers, truck mounted campers, utility trailers, etc. parked all over Wheat Ridge. Perhaps an amendment to this section that reduces the size in length, say to 20 feet, and height, say seven feet, would be in order. Additionally, specific reference to those vehicles intended to be prohibited from parking in the R.O.W., such as trailer-mounted boats, camping trailers, motor homes, truck-mounted campers, etc. would be advisable. Please review these ideas and provide direction as to which of these should be incorporated into an ordinance for first reading. GEG:slw cc: Jack Hurst, Chief of Police „- ,'~~ ' ;;4{z'~~~~d`*";~ 2. ; ~ ~ 7 ''~ ,• ~,,i - 12-6-102 3 Automobiles for the purpose of making or promoting the sale of its motor vehicles or for supervising or contacting its dealers or prospective dealers. of each party to any franchise and dut h " " y e means t od faith Go 10 ( ) manner unable employees, or agents thereof to act in a fair and eq all officers i , on, toward each other so as to guarantee the one party freedom from coerc intimidation from the other party. i on or intimidation, or threats of coerc Recommendation, endorsement, exposition, persuasion, urging, or argument ~ yC//' Cu~GC LW7"IUir ~P • shall not be deemed to constitute a lack of good faith. corporation, association firm " ~b ~ V Lp,WS , , means any person, (11) "Manufacturer who manufactures or assembles new and sident or nonresident f/Z- ~ IG63 , or trust, re unused motor vehicles. , vehicle intended primarily for use and eve " " ~~r ~~+~0'Die '~'Ir~s A6 ry means Motor vehicle (12) operation on the public highways which is self-propelled and every vehicle hich is not driven q intended primarily for operation on the' public highways w r but which is designed to be attached to or ~/ ' .~¢~5 , flow or propelled by its own powe become a part of or to be drawn by aself-propelled vehicle, not including farm tractors and other machines and tools used in'the production, harvest- ing, and care of farm products. (13) "Motor vehicle dealer" means any person who, for commission or with intent to make a profit or gain of money or other thing of value, sells, exchanges, rents with option to purchase, offers, or attempts to negotiate new or new and used motor vehicles t i n a sale or exchange of an interes or who is engaged wholly or in part in the business of selling new or new and used motor vehicles, whether or not such motor vehicles are owned by more new or new and used motor vehicles h ree or such person. The sale of t in any one calendar year shall be prima facie evidence that a person is " Motor engaged in the business of selling new or new and used vehicles. vehicle dealer" shall not include: (a) Receivers, trustees, administrators, executors, guardians, or other per- sons appointed by or acting under the judgment or order of any court; (b) Public officers while performing their official duties; ersons enumerated in the definition of "motor vehicle es of l E p oye mp (c) dealer" when engaged in the specific performance of their duties as such employees; (d) A wholesaler, as defined in subsection (18) of this section, or anyone selling motor vehicles solely to wholesalers. (14) "Motor vehicle salesman" means any natural person who, for a l y salary, commission, or compensation of any kind, is employed either direct any motor vehicle dealer or used b ll i y y, ona or indirectly, regularly or occas motor vehicle dealer to sell, purchase, or exchange or to negotiate for the sale, purchase, or exchange of motor vehicles. natural person, firm, copartnership, associa- s an " " y mean Person (15) tion, or corporation. (16) "Principal place of business" means a site or location devoted exclu- sively to the business for which the motor vehicle dealer or used motor vehi- designated fficientl h y ereto, su cle dealer is licensed and businesses incidental t with space thereon or contiguous thereto ti i - on, p to admit of definite descr adequate to permit the display of one or more new or used motor vehicles, i ng and on which there shall be located or erected a permanent enclosed build mmodate the office of the dealer and to or structure large enough to acco C RIDGE CITY CODE nicipality, as defined in § 31-1.101(6), other governmental entity of this atatt Public tow means any tow of an n. motor vehicle requested by a law ex cle agency. `_ of (Ord. No. 1986-688, § 2, 10.17-86) h Sec. 15.41. Abandonment of motor tO (a) No person shall abandon any mote upon public property or upon private other than his own without the wnse .at owner thereof ";~ (b) Any motor vehicle left on privatE without the property owner's consent sh sumed to be abandoned. In the event a hide is abandoned on private property;' or lessee of such property or his legally a agent may have it removed from his pi having it towed and impounded by an o; he may notify the department to reques of such vehicle. (c) Any motor vehicle left unattende any portion of a highway, street ar pub of-way within the city Iimits for a period's four (24) hours shall be presumed abani less the owner or operator thereof sl conspicuously affixed thereto a dated nc eating his intention to return or shall 1 erwise notified the department of his ini move the same. Any such motor vehicle: mediately be presumed abandoned if sue is parked in such a manner or under su tiona as to interfere with the free mov vehicular traffic or proper street or highv tenance. "~ 's (d) A motor vehicle shall not be presu a doned until a bona fide effort is made by officer to contact the owner or operator h hide. ..- (Ord. No. 1986-688, § 2, 10.17.86) Sec. 15.42. Removal and (a) Any police officer who Finds a standing upon any portion of a highway way, or upon private property without sent of the owner, in violation oi' any of visions of this article, and who has re NUISANCES such motoer vehicle to be removed or c~aue the ~e to be removed and placed in the police ~ pound. (3) Bbl Whenever any police officer fmds a motor reltide, attended or unattended, standing upon ,~y portion of a highway right-of--way in such a manner as to constitute an obstruction to traffic , or proper highway maintenance, such officer is . authorized to cause the motor vehicle to be moved I ~ e](minate any such obstruction; and neither the officer nor anyone acting under his direction shall I be liable for any damage to such motor vehicle ~ , acesioned by such removal. ~ t (c) Any motor vehicle impounded pursuant to ` the provisions of sections 22-20 and 22-21 of the v Hodel Traffic Code, 1977 edition, shall be subject r to the provisions of sections 15.41 and 15.42 of a this article, which sections shall take precedence v over any related or inconsistent provisions of the t ;Model Traffic Code. (4) 8 Ord. No. 1986.688, § 2, 10-17-86) t Sec. 15.43. Report of abandoned motor vehi• e cles. v lal Owner's opportunity to request hearing: (. n (1) Upon having an abandoned motor vehicle °i towed, the police department shall ascer- e fain, if possible, whether or not the motor °~ vehicle has been reported stolen, and, if so t` reported, the police department shall re- w cover and secure the motor vehicle and no• a' tify its rightful owner or the law enforce- fc went agency which has reported the vehicle a as stolen and terminate the abandonment cc proceedings under this article. The police ti ti department shall have the right to recover from the owner its reasonable vests to re- do cover and secure the motor vehicle. °f i2) As soon as possible, but in no event later w cl than three (3) working days after having fr. an abandoned motor vehicle towed, the po- m lice department shall report the same to m the Colorado Department of Revenue by sh. fu•st•class or certified mail or by personal op delivery, which report shall be on a form th prescribed and supplied by the department m. 976 -_ ~. N0' s 977 ~~ ) kta _ ter. to , or if a .leased ~ 8~ g~ teen trative= ..~. -- -~- ZONING AND DEVELOPMENT ceased trailers which are used for com- mercialpurposes, whether the commer- cial enterprise is conducted from the home or conducted elsewhere, is pro- hibited except as follows. An occupant of a dwelling may park, or allow the Parking of, no more than one (1) truck or van which is used for commercial purposes upon the premises or within street frontage where allowed; pro- vided, however, that such vehicle does not exceed cone-ton chassis. Parking of trailers which are used for commer- cial purposes is prohibited. (b) In residential zone districts, motor homes or recreational vehicles, which are either eight (8) feet or more in width or twenty-five (25) feet or more in length, may be parked or stored upon the property of the owner, or if said vehicles are owned by anyone other than the property owner where parked, said motor vehicles or recreational ve- hicles maybe stored or parked on said private property with the knowledge and consent of the property owner; pro- vided, that no more than two (2) such vehicles are stored on any such lot or pazcel at any one (1) time; and pro- vided said vehicles are parked six (Ei) feet or more inside the front property line; except that, for the purpose of al- lowingthe loading or unloading of any motor home or recreational vehicles, such motor home or recreational vehi- clesmay belawfully pazked on apublic street directly in front of the property of the person or persons being visited by the owner or operator of the vehicle for a maximum period of twenty-four (24) hours no more frequently than once in each two•week period. In cases where it is desired to maintain a large motor' home or recreational vehicle either within six (6) feet of a public street on private property or within a lawful Parking area on a public street abut- tingthe front of the property in excess of twenty-four (24) hour the property Sapp, No. 5 § 26.31 owner may obtain a temporary parking permit from the planning sad develop• meat department. Such temporary Parking Permit shall be for a time pe- riod not to exceed fourteen (14) days, and no more than one (1) such permit shall be issued each six (6) months for the same property. IC) Design'Standards: `°, (1) Surfacing. Parking and driveway azeas for all uses other than one family residences in Agricultural zone districts shall be surfaced with bituminous concrete, portland cement concrete, or similar materials. (2) Islands. All pazking areas in excess of fifty (50) spaces shall have at least one (1) inte- rior landscaped island per fifty (50) spaces. Each such landscaped island shall occupy the equivalent of one(1)parkingspace(min- imum) and each such required island shall be landscaped with a minimum of one (1) two-inch caliper tree or larger and four (4) shrubs or accepted ground cover. At the discretion of the owner, and with approval of the zoning administrator, based upon the intent and purpose of this section, an acceptable alternative to individual is- lands would be the equivalent aggregate landscaped area developed in larger islands or as interior divider strips. (3) 'Aeceleration/deceleration lanes. In all dis- tricts, any use prnviding access to an ex- pressway, arterial street, collector street or I-70 frontage road may be required to con- struct and dedicate acceleration and/or de- celeration lanes along those streets upon which access is obtained, In addition, "accel/ decel"lanes may be required for any street within an area which is covered by an adopted master plan in the Comprehensive Plan. Thie requirement shall be determined at the time of subdivision site plan approval (for planned developments), rezoning or building permit review. If effiating right- 1797 STUDY SESSION AGENDA Item I. MBM®1~ANi~UM T®: Robert C. fi~%idda~ugh,},{~City Administrator FR®M: Chief ~aclc 1EIIurs~-~ 3IJIaJBC'Y': ~®AT, TRAILHIt, dtY PARKINa~ IDATB: ®otober 16, 1992 I have reviewed the memorandum prepared by Mr. Glen iiidley, Director of Planning and Development, regarding [he parking of boats, trailers and RV's on city streets. I agree with this summary of laws currently available for regulation. I would also refer you to Article YI, Stopping, Standing or Parking Regulations, of the Model Traffic Code for further consideration of current ordinances available for regulation. When considering any further legislation or regulation on this subject, I would recommend. that the City Council consider the enforcement officer, who will be required to enforce these laws, by providing carefully constructed definitions. I offer the following as examples for discussion purposes. TR:AII,ER: Prohibition on parking. Will this apply to any trailer regardless of size, use or type for any period of time whether in the act of loading or unloading? If not, then the size, type, use, location on street, and time elements must be clearly stated and defined which would cause a violation. The load of the trailer in question may also be of concern. Even if the trailer is legally parked, its load may cause a nuisance. BgAT5: Prohibited parking. Same concerns as above, with the added question as it relates to "water craft". Canoes, jet skis, sail boards, etc., may or may not be "boats" as defined. Whether the boat is fixed to amotor vehicle or to a trailer may also be a question to consider. $~~;. Prohibited parking. This definition needs careful thought. Many varied, different vehicles and vehicle attachments qualify under the broad definition of RV. Forexample:campersfixedtopickuptrucks;campersheils,motorized,ail- in-one units of varying size; buses and bus conversions; trailers, camper trailers, pog-up campers and pop-up camper trailers; tent trailers, etc. Memorandum Page two October 16, 1992 The Council will have to be rather specific. To simply state that RV's cannot be parked on a City street over a certain period of time is unacceptable from an enforcement point of view. Our enforcement policy on abandoned vehicles is to normally rely on citizen complaint to initiate the action. JAH:js ~~~ ~~~~ ~~~ S T U D Y S E S S I O N A G E N D A CITY AF WHEAT RIDGE, COLORADO November 2. 1992 7:30 p•m- Item 1. Discussion of Boat, Trailer, RU Parking on City streets. ___ __. (Attached) Item 2. Discussion of Contract Attorney vs. In-House Attorney. (Attached) REMINDER: There will be a Budget Work Session on Wednesday, November 4, 1992 at 7;3D p.m. Application for a new liquor license for Miehelli's Italian Restaurant Application for Transfer of Ownership for Paramount Pharmacy Public Hearing on 1993 Budget Resolution 1318 TENTATIVE AGENDA FOR NOVEMBER 9> 1992 MEMO TO: JOHN HAYES, CITY ATTORNEY FROM: GLEN GIDLEY, DIRECTOR OF PLANNING & DEVELOPMENT RE: PROPOSED COUNCIL BILL - PARKING OF CAMPERS ETC. IN R.O.W. DATE: JAN. 21, 1993 Please review the attached proposed council bill regarding the parking of recreation vehicles within street right-of-way. I believe this incorporates those elements. Council discussed at a prior study session. ~~ ~~ ~~T~ °~~~ G 7 ~~, ~~G~~~ ., ~' ~~ ~~` ~~1~ r _. 0 INTRODUCED BY COUNCIL MEMBER Council Bill No. ORDINANCE N0. Series of 1993' TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, COLORADO REGARDING ABANDONED VEHICLES AND PARKING OF RECREATION VEHICLES AND TOWED VEHICLES WITHIN PUBLIC STREET RIGHTS-OF-WAY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF,WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws, Section 15. Nuisances, Subsection 41. Abandonment of motor vehicles, subpart (c) is hereby amended as follows: "(c) Any motor vehicle left unattended wit in any portion of a highway; street or ublic right-of-way within the city limit for a period of even. (7) days shall be presumed abandons unless the owner or operator thereof hall have /~~ conspicuously affixed theret a dated II notice indicating his inte ion to return y1' or shall have otherwise tified the department of his ante ion to move the same. Any such motor vehicle shall Immediately be pres ed abandoned if stic vehicle is parks n such a manner or '` ~ ft1U~~ ~~-5' under such con ions as to interfere,l ll~, with the fre movement of vehicular ~PA~y TO ~fd/?y traffic, o proper street or highway- C/~~GS~ !~!lJ~n~GY/7Ci ~ ~, maintena e, or block a sidewalk or .,._ D~ n ~ _,_~pedes ian path." (; ~t,Er ~ "~'~ ~1, ~ ,G~c' ~ coo _ ~;~.~/.~ ~,~ Section 2. Wheat Ridge Code of Laws, Section 26. Zoning and 5~-~~ ~o~p Development, Subsection 31. Off-Street parking requirements „qs ~iyj~ subpart (B)(6)(b) is hereby amended as follows: ri4 nA, f~~~y "(b) In residential zone districts, m-heroes ~ Q`~E"~~ i~~ /S 7 O ~Cr ~ and nonmotorized camping vehicle, (except y~ ~ ~j Y for campers mounted upon pickup trucks) , ~~-'/~IG~/(/L ~- 'el~~~'--°pp ~~ ? trailer mounted boats, and other towed ~~'S~~ ~~ ~s~~'=~' "Pyn vehicles such as but not limited to utility ~ A y~oT~~"~, trailers, shall not be parked within pube~~~Y VJS'i fp/~-r ~S~ .'r x~c ~,~°~' d ~' -i 4J street right-of-way, however may be park 3 or stored upon the property o£ the owner, ~ ~/~ ,~~; or if said vehicles are owned by anyone dCC~t/~~,. ~~ O~V O other than the property owner where parked, T~~ ~p`~ 9~C said meter vehicles ~- --- ~ ,~ A ~' / may 4 stored-" parked on~said. private //G~1C 'v y, ~ _- Ply,-,~ fir,-~'~-~ot,~ Ordinance No. Page 3 Series of 1993 INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on•this day of 1993, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for 1993, at 7:30 o'clock p.m., in ' the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. RERD, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to this day of 1993. SIGNED by the Mayor on this day of 1993. RAY J. WINGER, JR., MAYOR Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY JOHN HAYES, CITY ATTORNEY 1st Publication:. 2nd Publication: Wheat Ridge Sentinel Effective Date: <pc>ordabandonveh i i MEMO TO: JOHN HAYES, CITY ATTORNEY FROM: GLEN GIDLEY, DIRECTOR OF PLANNING & DEVELOPMENT RE: PROPOSED COUNCIL BILL - PARKING OF CAMPERS ETC. IN R.O.W. DATE: JAN. 21, 1993 Please review the attached proposed council bill regarding the parking of recreation ~rehicles within street right-of-way. I believe this incorporates those elements Council discussed at a prior study session. -~~ ,~~. ~~:~- IN3 ~ ~~- ~Wi~''wv~b~ ~'~~ ~~ ~ INTRODUCED BY COUNCIL MEMBER Council Bill No. ORDINANCE NO. _ Series of 1993 TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, COLORADO REGARDING ABANDONED VEHICLES AND PARKING OF RECREATION VEHICLES AND TOWED VEHICLES WITHIN PUBLIC STREET RIGHTS-OF-WAY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. ..Wheat Ridge Code of Laws, Section 15. Nuisances,, Subsection ~1. Abandonment of motor vehicles, subpart (c) is hereby amended as follows: ~G "(c) Any motor vehicle left unattended within h"~ any portion of a highway, street or public ~ T~~yi ? right-of-way within the city limits for a period of - -seven-(7 ) ~ ~ T d~ `ryt~~~~ days shall be presumed abandoned unless l,~'L~h~ ,a~"',~n9 the owner or operator thereof shall have ~~~' ~~v gyp' conspicuously affixed thereto a dated 4'~ E ~,~~ notice indicating his intention to return ~1,~,F oyle"~ or shall have otherwise notified the ( ~,~.p department of his intention to move the ~pµ~ same. Any such motor vehicle shall ~, immediately be presumed abandoned if such ~ vehicle is parked in such a manner or under such conditions as to interfere with the free movement of vehicular traffic, or proper street or highway maintenance, or block a sidewalk or pedestrian path." Section 2. Wheat Ridge Code of Laws, Section 26. Zoning and Development, Subsection 31. Off-Street parking requirements, subpart (B)(6)(b) is hereby amended as follows: "(b) In residential zone districts, .-tea -u,i , n ~ r,-..i s ~. ..-~ ~.wt. .~_...-.~-- -- - _ , -- , _-- _ __ ...--- --- _--_J ___, motorized and nonmotorized camping vehicles, (except for campers mounted upon pickup trucks), trailer mounted boats, and other towed vehicles such as but not limited to utility trailers, shall not be parked within public street right-of-way, however may be parked or stored upon the property of the owner, or if said vehicles are owned by anyone other than the property owner where parked, said me~ap vehicles ~_-`:-_-'-_~.;~~ may be stored or parked on said private Ordinance No. _ __ Series of 1993 property with the knowledge and consent of the property owner; provided, that no more than two (2) such vehicles are stored on any such lot or parcel at any one (1) time; and provided said vehicles are parked six (6) feet or more inside the front property line; except that, for the purpose of allowing the loading or unloading of any such mflt-- ~--- - ~~~~oi:~ vehicles, such -- -- - - -° - vehicles may be lawfully parked on a public street directly in front of the property of the person or persons being visited by the owner or operator of the vehicle for a maximum period of twenty-four (24) hours no more frequently than once in each two-week period. In cases where it is desired to maintain :..,-° - such a restricted vehicle, either within six (6) feet of a public street on private property or within a lawful parking area on a public street abutting the front of the property in excess of twenty-four (24) hours, the property owner may obtain a temporary parking permit from the planning and development department. Such temporary parking permit shall be for a time period not to exceed fourteen (14) days, and no more than one (1) such permit shall be issued each six (6) months for the same property. Pickup truck-mounted campers, when mounted upon pickup trucks, are not subject to'these subpart (b) parking restrictions." Page 2 Section 3 _Safe y Clause The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police 'power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance-bears a rational relation to the proper legislative object sought to be attained. Section 4 Severability If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 5.. This Ordinance shall take effect days after final publication. .a ~ Ordinance No. _ Page 3 Series of 1993 INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to on this day of , 1993, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for 1993, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to this day of , 1993. SIGNED by the Mayor on this day of 1993. RAY J. WINGER, JR., MAYOR Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY JOHN HAYES, CITY ATTORNEY 1st Publication:. 2nd Publication: Wheat Ridge Sentinel Effective Date: <pc>ordabandonveh MEMO TO: JOHN HAYES, CITY ATTORNEY FROM: GLEN GIDLEY, DIRECTOR OF PLANNING & DEVELOPMENT RE: PROPOSED COUNCIL BILL - PERKING OF CAMPERS ETC. IN R.O.W. DATE: JAN. 21, 1993 Please review the attached proposed council bill regarding the parking of recreation vehicles within street right-o£-way. I believe this incorporates those elements Council discussed at a prior study session.- -1=F.~~h CG = ~ ~+~ INTRODUCED BY COUNCIL MEMBER Council Bill No. ORDINANCE NO. Series of 1993 TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, COLORADO REGARDING ~ArB~I4'DOT3~H-' iV~E,`ALI~T~'$S~~AI~jp~-PARKING OF RECREATION VEHICLES AND TOWED VEHICLES WITHIN PUBLIC STREET RIGHTS-OF-WAY. BE IT ORDAINED BY THE CITY COUNCIL OF THE_ CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws, Section 1 Subsection 41. Abandonment of motor vehicles hereby amended as follows: "(c) Any motor vehicle left unatt ded within any portion of a highway, reet or public right-of-way within the ty limits for a period of t-wea-t seven ( 7 ) days shall be presum abandoned unless the owner or opera r thereof shall have conspicuously of xed thereto a dated notice indicat' g his intention to return or shall hav otherwise notified the department f his intention to move the same. An such motor vehicle shall immedia ly be presumed abandoned if such vehic is parked in such a manner or unde such conditions as to interfere wit the free movement of vehicular t ffic, or proper street or highway aintenance, or block a sidewalk or pedestrian path." (c)vis Section ~. Wheat Ridge Code of Laws, Section 26. Zoning and Development, Subsection 31. Off-Street parking requirements, subpart (B)(6)(b) is hereby amended as follows: "(b) In residential zone districts, .:~~ ~ f~!-_ 2 --eatienel ~, eh#eles, sah}eh a~~~~ '''~!- 7 motorized and nonmotorized camping vehicles, (except L,~y' for campers mounted upon pickup trucks), ~'~' trailer mounted boats, and other towed vehicles such as but not limited to utility trailers, shall not be parked within public s reet rig t-of-way however may be parked or stored upon the property of the owner, or if said vehicles are owned by anyone other than the property owner where parked, said me-tar vehicles ~ ~e;,re~~-'-~-~ -w-- -- may be stored or parked on said private Ordinance No. Series of 1993 property with the knowledge and consent of the property owner; provided, that no more than two (2) such vehicles are stored on any such lot or parcel at any one (1) Page 2 time; and provided said vehicles are parked six (6) feet or more inside the front property line; except that, for the purpose of allowing the loading or unloading of any such •--'--° `---- ---'-= ----' vehicles, such :~-'--- `--- - --'-'-°-' vehicles may be lawfully parked on a public street directly in front of the property of the person or persons being visited by the owner or operator of_the vehicle for a maximum period of ~,,,~,„~,,, ~ (-~ 2, }_'_,,.,.+.s - ~ -.-~?^-~- hours nn more frequently ° a than once in each two-week period. In cases where it is desired to maintain `- - '-' - such a restricted vehicle either within six (6) feet of a public street on private property or within a lawful parking area on a public street abutting the front of the property in excess of +•• '--- ~-•~ ' 6=) ~=~'.vs (,71~ hours, the property owner may obtain a temporary parking permit from the planning and development department. Such temporary parking permit shall be for a time period not to exceed fourteen (14 ) days, and no p ~e `,.~~~~'~„Q more than one ( 1 ) such permit shall be "'"r--GHQ ~vt~~ ~~~~pp~ issued each six ( 61 months for the same~p 9,,,. o,,Q ,,~.-'COY ~1A"~ property. / Pickup truck-mounted campers, ~~`~"~"'''""`""~~ ++ when mounted upon pickup trucks, are not i,v..~u.~0 ~`" `~~ , i subject to'these subpart (b) parking Luwv~-0"'~ ~"`~~~,,~g restrictions. " .~ ~'~ ~'~'''~'~ Section 3. Safety Clause. The City Council hereby Inds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it_is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience -.-- and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Sever~bility. If any clause, sentence, paragraph, or part of this ordinance or the application thereof-to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances.. Section 5. This Ordinance shall take effect days after final publication. Ordinance No. Page 3 Series of 1993 INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to on this day of 1993, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for 1993, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote o£ to this day of 1993. SIGNED by the Mayor on this day of 1993. RAY J. WINGER, JR., MAYOR Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY JOHN HAYES, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Sentinel Effective Date: <pc>ordabandonveh NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge Planning Commission on February 18, 1993 at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1. Case No. ZOA-92-2: A proposal to amend Wheat Ridge Code of Laws, Chapter 26. Article IV. Sign Code pertaining to "Political Signs". 2. ~"~'Q- Z4Z~92-3~= A proposal to amend Wheat Ridge Code of Laws, Chapter 26. Zoning and Development, Subsection 31. Off- Street Parking Requirements, regarding parking of motorized and nonmotorized camping vehicles within public rights-of- way. ~~ . l San ra Wiggins, S etary ATTEST: Wanda Sang, City Clerk To be Published: February 4, 1993 Wheat Ridge Sentinel <pc>pnzoa922/923 i-~ CITY OE WHEAT RIDGE M E M O RAN D U M TO: Planning Commission FROM: Glen Gidley, Director o£ Planning & Development RE: Case No. ZOA-92-3/Recreational .Vehicle Parking DATE: February 5, 1993 The attached proposed Council Bill is a proposal to amend the Zoning Ordinance, Sec. 26.31(B) relating to off-street parking requirements. City Council .initiated this proposal at a study session held on November 2, 1992 based upon complaints that they had received regarding large vehicles, campers, boats and utility trailers continually being parked along public streets. .Their primary concerns are: 1. Safety - These vehicles may block the view of persons entering streets from driveways or conversely block drivers' views of traffic or pedestrians entering the street. 2. Aesthetics -.Some neighborhoods, become cluttered with such vehicles, detracting from the appearance desired and perhaps, devaluing property. Generally, this proposal eliminates the restriction to large recreation vehicles (i.e., over eight feet wide. or 25 feet long) and makes the restriction apply to almost all recreation vehicles and utility trailers including motorized campers, boats, pop-up tent trailers, pickup campers where not truck-mounted, and camping trailers/fifth wheels. However, it_aiso extends-the hours for short term parking. permit but specifies that the officer can see it. time allowance from 24 hours to 72_ It maintains the 14 day temporary permit be displayed so that an SUGGESTED MOTION: I move that Case No. ZOA-92-3 be accepted as-submitted by staff and forwarded to City Council .with a recommendation for Approval. GEG:siw attachment <pc>ggmemo2/5b INTRODUCED BY COUNCIL MEMBER Council Bill No. ORDINANCE NO. _ Series of 1993 TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, COLORADO REGARDING PARKING OF RECREATION VEHICLES AND TOWED VEHICLES WITHIN PUBLIC STREET RIGHTS-OF-WAY. BE IT ORDAINED BY THE CITY COUNCIL OF-THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws, Section 26. Zoning and Development, Subsection 31. Off-Street parking requirements, subpart (B)(6)(b) is hereby amended as follows: "(b) In residential zone districts, --_--- - -_.. ., .._ ....._.. ___ .._~.,.. .,.. ~.......,1. - _ - - - -- _ _ , -.. , _.,~ „ _ ....,_ _.. _ .y ,.., motorized and nonmotorized camping vehicles, (except for campers mounted upon pickup trucks), trailer mounted boats, and other towed vehicles such as but not limited to utility trailers, shall not be parked within public street right-of-way for a period longer than seventy-two (72) hours, however may be parked or stored upon the property of the owner, or if said vehicles are owned by anyone other than the property owner where parked, said meter vehicles - ---'-'---' °°`--'-- may be stored or parked on said private property with the knowledge and consent of the property owner; provided, that no more than two (2) such vehicles are stored on any such lot or parcel at any one (1) time; and provided said vehicles are parked six (6) feet or more inside the front property line; except that, for the purpose of allowing the loading or unloading of any such ~^-'--- °--- - - --~= ---' vehicles, 3~IV V such -'-- ~--°- - -----~'- vehicles may be lawfully parked on a public street directly in front of the property of the person or persons being visited by the owner or operator of the vehicle for a maximum period of ..Y ..,s~~Tr seventy-two ( 72 ) hours no more frequently than once in each two-week period. In cases where it is desired to maintain __ ____~~;ic:..--such a restricted vehicle either within six (6) feet of a public street on private property or within a lawful parking Ordinance No. Page 2 -- Series of 1993 _ _ area on a public street abutting the front of the property in excess of '::cats tca_ ;""_; seventy-two (72) hours, the property owner may obtain a temporary parking permit-from the planning and development department. Such temporary parking permit shall be for a time period not to. exceed fourteen ., (14) days, and no more than one (1) such permit shall be issued each six (6) months for the same property. The permit must be placed upon the inside windshield or side-window on the driver's side so as to be visible for inspection. Pickup truck-mounted campers, when mounted upon pickup trucks, are not subject to these subpart (b) parking restrictions." Sec~on 2. Safety Clause. The City Council hereby-finds ,_ determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of_the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative. object sought to be attained. Section 3. Severability:-. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent ,jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 4. -This Ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this da_y of 1993, ordered. published in full in a newspaper of .general circulation in the City of Wheat Ridge and. Public Hearing and consideration on final passage set for 1993, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. _ _ _ READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to this day of , 1993. _ _ . _ .. ,. II Ordinance No. Series of 1993 SIGNED by the Mayor on this Wanda Sang, City Clerk 1st Publication: 2nd Publication: Wheat Ridge Sentinel Effective Date: <pc>ordabandonveh Page 3 day of 1993. RAY J. WINGER, JR., MAYOR APPROVED AS TO FORM BY CITY ATTORNEY JOHN HAYES, CITY ATTORNEY M E M O R A N D U M TO: + Bob Middaugh, City Administrator i FRO Glen Gidley, Director of Planning & Development RE: Case ZOA-92-3/Residential Parking Restrictions DATE: February 25, 1993 The attached proposed Council Bill is submitted for first reading at the March 8 Council meeting. A modified version of this proposal was reviewed by Planning Commission at a public hearing held on February 18, 1993. This Council Bill represents the Planning Commission's recommendations. A draft copy of Planning Commission minutes and resolution are attached. This proposal emanated from a City Council Study Session (November 2, 1992) wherein several members of Council expressed concern regarding the parking of recreation vehicles on public streets. I believe this Bill addresses most of those expressed concerns. Planning Commission additionally wanted to further regulate the ability of non-owner parking and of pickup truck campers, as well. Therefore, they have recommended eliminating the provision that allows for non-property owner vehicles to be parked. They also did not want to exempt pickup campers, as Council had suggested, since if they are moved on a regular basis, they fall within the 72-hour limitation anyway. Otherwise, they are parked for the long term and should be treated the same as any other RV. GEG:slw <pc>ggmemo2/25b INTRODUCED BY COUNCIL MEMBER Council Biil No. ORDINANCE NO. Series of 1993 TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, COLORADO REGARDING PARKING OF RECREATION VEHICLES AND TOWED VEHICLES WITHIN PUBLIC STREET RIGHTS-OF-WAY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF .WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws, Section 26. Zoning and Development, Subsection 31. Off-Street parking requirements, subpart (B)(6)(b) is hereby amended as follows: "(b) In residential zone districts,=..Q -~~ er eereatienal vehseles, --''"''' '""~''""' t'- - ~ 7^ ~ '~--''- -" - - is ~-y'' motorized n ~ -. and nonmotorized camping vehicles, campers mounted upon pickup trucks, trailer mounted boats, and other towed vehicles such as but not limited to utility trailers, shall not be parked within public street right-of-way for a period longer than seventy-two (72) hours, however may be parked or stored upon the property of the owner, --or~~~ 3 .. ~ 1. - , - - __ --.tea- ..~ ...a,:s ~_,...-m.-..- L~ I I ~-, -L 1 ..1 ..1 / 7 ~ ya...... ' vuc ~ ~. ~ •aauc, $~ provided said vehicles are parked six (6) feet or more inside the front property line; except that, for the purpose of allowing the loading or unloading of any such -'-~- `"~"' i-cHi6ati'vizai vehicles, such '^.=.vivr-nvn,c --~----' vehicles may be lawfully parked on a public street. directly in front of the property of the person or persons being visited by the owner or operator of the vehicle for a maximum period of t..c_.s f .~ ;-'_-"_; seventy-two (72) hours no more-frequently than once in each two-week period. In cases where it is desired to maintain L_-- - -~=---' such a restricted vehicle either within six (6) feet of a public street on private property Ordinance No. Page 2 Series of 1993 or within a lawful parking area on a public street abutting the front of the property in excess of t::c-ts °__= '^_"_; seventy-two (72) hours, the property owner may obtain a temporary parking permit from the planning and development department. Such temporary parking permit shall be for a time period not to exceed fourteen (14) days, and no more than one (1) such permit shall be issued each six (6) months for the same vehicle grege~ty. The permit must be placed upon the inside windshield or side-window on the driver's side so as to be visible for inspection." Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation_to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for-any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 4. .This Ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to on this day of 1993, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for 1993, at 7:30 o'clock p.m.., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to this day of , 1993. Ordinance No. _ Series o£ 1993 SIGNED by the Mayor on this Wanda Sang,-City Clerk. 1st Publication: 2nd Publication: Wheat Ridge Sentinel E££ective Date: <pc>ordabandonveh day of Page 3 1993. RAY J. WINGER, JR., MAYOR APPROVED AS TO FORM BY CITY ATTORNEY JOHN HAYES, CITY ATTORNEY MINUTES OF MEETING February 18, 1993 CITY OF WHEAT RIDGE PLANNING COMMISSION 1. CALL THE MEETING TO ORDER: The meeting was called to order by Vice Chairman RASPLICKA at 7:30 p.m., on February 18, 1993 in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: MEMBERS PRESENT: Robert Eckhardt John Qualteri James Owens - ABSENT Jay Rasplicka Carl A. Cerveny George Langdon - ABSENT Judith M. DiCroce Warren Johnson STAFF PRESENT: Glen Gidley, Director of Planning and Development Meredith Reckert, Planner Sandra Wiggins, Secretary PUBLIC HEARING The following is the official set of Planning Commission minutes for the Public Hearing of February 18, 1993. A set of these minutes is retained both in the office of .the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. Planning Commission Minutes Page 2 February 18, 1993 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA Mr. Gidley requested that item 7.A. be continued, since a meeting had been scheduled Friday, February 19 to further discuss the proposed ordinance.. Commissioner QUALTERI asked if discussion could be heard tonight, even the item was continued. Mr. Gidley answered that it could, so long as no decision was made. Commissioner ECKHARDT moved to approve the agenda for the meeting of February 18, 1993 as amended. Commissioner. JOHNSON seconded the motion. Motion carried 6-0. 5. APPROVAL OF MINUTES Commissioner CERVENY had been unable to find in the minutes where a discussion and consensus of Commission took place that the City's population, and other statistics etc. would be in the form of an appendix attached to the Comprehensive Plan. Mr. Gidley and others reported that discussion was detailed in the first paragraph on page 4. Commissioner ECKHARDT noted one typographical error on page 4, paragraph five, the word "tours" should be "tour". With that correction, Commissioner JOHNSON moved for approval of the minutes for the Study Session of February 4, 1993. Commissioner ECKHARDT seconded the motion. Motion carried 6-0. 6. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing under Item 7, of the Public Hearing section of the agenda.) No one was present to speak at this time. 7. PUBLIC HEARING A. Case No.: ZOA-92-2: Proposed Amendment to Sign Code, Article~IV--. Pertaining to "Political Signs" Commissioner QUALTERI asked that informal discussion be heard regarding Case No. ZOA-92-2. Commissioner CERVENY seconded the motion. Motion carried 6-O. Commissioner QUALTERI asked if federal, county, state elections would be restricted to the 21-day duration limitation. He was concerned about the method of control for such political signs. Mr. Gidley stated that the duration limitation was one topic to be discussed at a meeting scheduled Friday morning, February 19. Planning Commission Minutes February 18, 1993 Page 3 That was the main reason for requesting a continuance of the public hearing. Commissioner QUALTERI suggested the candidate be allowed to begin posting signs as soon as he/she declares that he/she will run for office and is officially a candidate. Commissioner JOHNSON asked who initiated the request to change current regulations. Mr. Gidley stated it was initiated following discussions regarding the West 38th Avenue improvement project when signs concerning this project began to appear within the City rights- of-way. This was a violation of current regulations. Mr. Gidley explained further. The City Attorney and City Administrator both suggested tightening of that particular regulation. Commissioner QUALTERI stated that since. it is a political issue and perhaps it should be initiated by the politicians and not by staff or the City Administrator. Commissioner QUALTERI questioned the use of RTD benches for political ads. He felt such ads would be in violation of this ordinance since benches are located in rights-of-way. Mr. Gidley stated that bus benches are regulated by another section of the Code, however the message cannot be regulated by the City. Commissioner QUALTERI inquired about item d. stating that political signs found in the City right-of-way would be removed without notice. Mr. Gidley stated that this practice is codifying standard practice the City has always maintained. He further explained the Temporary Signs classification. Commissioner QUALTERI stated he believed Political Signs were, excluded. Mr. Gidley stated Political Signs, a type of Temporary Signs are excluded from permit, but not from regulation. He read aloud the. section pertinent. Commissioner QUALTERI thought Planning Commission/staff should not be involved. He added that if Council wants.restrictions, Council should decide what restrictions are appropriate. Discussion followed. Commissioner CERVENY moved that Case No. ZOA-92-2 be continued to March 18, 1993. Commissioner JOHNSON seconded the motion. Motion carried 6-O. Planning Commission Minutes February 18, 1993 Page 6 By consensus, Section 6.A., first sentence, the word "shall" becomes the word "should". Ms. Reckert will be working on some alternate. language for Section 6.A. Section 9.,_ the title should read "STREET ENDING", not "STREETS ENDING". Section C.3.(a) should read "The city-wide street numbering system is based upon the Denver Metropolitan system." Section 4.C. is redundant and should be removed. Section 6.a. was amended to read "For establishments where fire access is gained from the rear, both rear and front doors shall have the addresses posted." Section E.2. Impact Fees will be removed until if and/or when an impact fee ordinance is adopted by the City. By consensus, Section 13.D.1.(a) should read "Blocks shall normally be 330 to 400 feet in width and not more than 1,300 to 1,400 in length between street intersections." Section 13.D.2.(d) should be Further consideration of the at page (49), Section 5.(a). 10. NEW BUSINESS 11. DISCUSSION AND DECISION 12. COMMITTEE & DEPARTMENT 13. ADJOURNMENT There being no further business, Commissioner ECKHARDT moved for adjournment. Commission JOHNSON seconded the motion. Motion carried 6-0. Meeting adjourned at 9:F~ '^ illustrated for clarification. Subdivision Regulations will begin PARKLAND DEDICATION. ITEMS 2EPORTS PUBLIC HEARING SPEAKERS'.LIST CASE N0: ~nA_g~_z DATE: Fe 1R, l90'~ REQUEST: Proposed Amendment to the Zoning Ordinance, Sec. 26.31(B) Relating to OfP-Street Parking Requirements i Position On Request; ' i (Please Check) ; SPEAKER'S NAME & ADDRESS (PLEASE PRINT) ; IN FAVOR ; OPPOSED ; ~ i i i i i i i i i ~ _ i i i i i i i i i i ~ i i i ~ i i i ~ i i i ~ i i i ~ ~ i i ~ i ~ ' ' ~ i i "-- i i i ' i i i ' ' ~ i ~ i i i i ' i i ' i i ' i ~ i ' i i i ~ i i i ' ' i i ~ ~ ~ i ' i i ~ i i i CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE N0: ZOA-92-3 LOCATION: City-wide APPLICANT(S) NAME: City of Wheat Ridge REQUEST: Case No ZOA-92-'~• A proposal to amend the Wheat Ridge Code of Laws, Chapter 26. Zoning and Development, Subsection 31. Off-Street Parking Requirements, regarding parking of motorized and nonmotorized camping vehicles within public rights-of-way. WHEREAS, the City of Wheat Ridge Planning Division has submitted a list of factors to be considered with the above request, and said list of factors is attached hereto and incorporated herein by reference, and made a part hereof; and WHEREAS, there was testimony received at a public hearing heard by the Planning Commission and such testimony provided additional facts. NOW, THEREFORE, based upon the facts presented and conclusions reached, it was moved by Commissioner ECKHARDT, seconded by Commissioner JOHNSON that the proposed amendment to the Zoning Code (Case No. ZOA-92-3) relating to Off-Street Parking Requirements, be forwarded to City Council with a recommendation for Approval except for the following revisions: 1) The words "(except for" on line 5 of Section 1.(b) be deleted and that the parenthesis following the word "trucks" on line 6 be deleted; 2) On page 2, line 10 of section 1.(b) the word "property" be changed to "vehicle"; and 3) The last sentence "Pickup truck-mounted campers, when mounted upon pickup trucks, are not subject to these subpart (b) parking - restrictions" be deleted. Commissioner CERVENY suggested that Section 1.(b) beginning at the line 13, which reads "or if said vehicles are owned by anyone other than the property owner where parked, said motor vehicles or recreational vehicles may be stored or parked on said private property with the knowledge and consent of the property owner; provided, that no more than two (2) such vehicles are stored on any such lot or parcel at any one (1) time; and" be deleted. Commissioner ECKHARDT accepted Commissioner CERVENY's friendly amendment. Certificate of Resolution Case No. ZOA-92-3/Of£-Street Parking Page 2 VOTE: YES: Eckhardt, Qualteri, Rasplicka, Cerveny, DiCroce and Johnson NO: None I, Sandra_Wiggins, Secretary to the City of Wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was duly adopted by a 6-0 vote of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 18th day of February, 1993. Jay a plicka, Vice Chairperson WHEAT RIDGE PLANNING COMMISSION <pc>resozoa923 Sandra Wiggins, etary WHEAT RIDGE PLAN COMMISSION M E M O R A N D U M TO: ~ Bob Middaugh, City Administrator FROM: Glen Gidley, Director of Planning & Development RE: Council Bill No.8/Recreation Vehicle Parking DATE: April 20, 1993 riease tiny attached as exha.bit #1 a copy of revised Council Bill No. 8 that includes all of the proposed amendments discussed by City Council at their public hearing o£ April 12, 1993. Specifically, there were four issues as follows: G.a`t 6.eo«-. v..s-mod T~- ~-- 1. Regarding the issue of "6 feet into~e front yard", I have o~included language that i~-~3g ~. ~ r°sf`'`~`~°'''` ~ ~ ` ''~ temporary signs, w would encourage consistent language to reduce conflicting provisions. 2. Regarding Mr. Shacklett's suggested provision, it has been added to the end of subsection (b), however I believe that it is unnecessary language as the ordinance clearly allows such parking. I made a minor revision to line 12 to further clarify this provision. I would recommend that the last sentence of this council bill be deleted. 3. Regarding Mr. Fiasco's recommendation to delete the "loading and unloading" provision, it has been lined-through (deleted). 4. Regarding Mrs. Brougham's recommendation to not restrict "pickup campers", in two places such vehicles have been clearly excepted from the parking restriction. I would note that pickup campers no mounted upon pickup trucks would be_ restricted. This means that such campers placed upon the ground or upon stands within street rights-of-way,-would be a violation. If this is the intent of Council, then the proposed language should be adopted as is. If, however, Council desires to allow such pickup campers while not mounted upon the truck to be placed in street right-of-way, then they should amend the council bill by striking "when mounted upon pickup trucks" in the First sentence and in the next to last sentence. For your and Council's information, I have also included a copy of the Planning Commission February 18 hearing minutes and resolution on this case, as well as staff's original packet submittal to Planning Commission. These items are labelled exhibit #2. GEG:slw CITY COUNCIL MINUTES: April 2b, 1993 Page -2- Richard Doyle, 4491 Upham Street, was sworn in by the Mayor; brought Council's attention to a very serious accident at the corner of Vance and 44th a couple of weeks ago; asked that a traffic light be installed. hir. Flasco asked that this item be put on a Study session and a Public Works Advisory Committee meeting. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING . Item 1. Council Bill 8 - An Ordinance amending the Code of Laws of the City of Wheat Ridge, Colorado, regarding parking of Recreation Vehicles and Towed Vehicles within public street rights-of-way. Council Bill was introduced on second reading by Mr. Selstad; title read by the Clerk; Ordinance No. 925 assigned. Mr. Middaugh explained that all the changes r=quested by City Council at the first reading had been incorporated into this Council Bill. City Clerk, Wanda Sang, read a letter into the record from John Stemme who wrote in favor of prohibited street parking of all vehicles other than passenger cars and light trucks without campers attached. Richard Bassett, 4125 Marshall Street, was sworn in by the htayor; he has parked his recreational vehicle on the street since 1974 and has never had a problem; this ordinance seems to be a case of overkill that affects a small number of people who cause problems; he just bought another motor home and won't be able to legally park 'it on the street any more. Robert Shacklett, 3592 Simms Street, James Martinez, 4212 Garrison Street, and Lawrence Blasco, 3045 Vance Street, were sworn in by the Mayor and spoke in favor of passing this Ordinance. Motion by Mr. Selstad for the adoption of Council Bill 8, Ordinance 925, on second reading, with the change on page 2, that the words "no closer than (6) six feet of any paved public street" be deleted and replaced with "in accordance with the limitations of this subsection (b)"; seconded by Dance Edwards. Mr. Davis will vote against this, we should leave it like it has been; he has never had any calls complaining about parking of recreational vehicles. Mr. Flasco will vote no, we already have an ordinance on the books; he had one call of complaint and it was easily resolved by calling the police department; he has a particular problem with the definition of property line. Mrs. Brougham moved to amend to put back the words "motor homes or recreational vehicles, which are either eight (8) feet or more in width or twenty-five (25 feet) or more in length"; seconded by Mr. Davis; failed 3-5 with Councilmembers Davis, Brougham and Flasco voting yes. Vote on original motion failed 4-4 with Councilmembers Phil Edwards, Dance Edwards, Ron Selstad, and Don Eafanti voting yes. Mayor Winger broke the tie by voting yes. Motion carried 5-4. [4 S t . t COUNCIL BILL 418 Mr. Selstad introduced CB 418 on second reading, Clerk read title, Assigned Ordinance 924. Mr. and Mrs. Shacklett of 3592 Simms St. spoke on this item. Made suggestions for amendment (attached). Asked that property definition be more clear. Mr. Hayes, City Attorney, suggested this clarification be added for property line. "Or in the event the exact location of front property line is difficult to identify, 6 feet or more from the inside edge of a paved public or private street or sidewalk. /;"~ Add the suggested amendment by the Shackletts to the very end of sub O Mr. Flasco moved to amend that the clause starting with the 6th. line n section B. Mr. Selstad moved for adoption of CB 418 Ordinance 924 with mod- ificaitons per Mr. Hayes regarding different wording on property line and add other clause as provided by the Shackletts. 2nd. by Mr. Davis. from the bottom of the page starting with once in a_ny two week period" be stricken. Mr. Hayes suggested to strike even more where it starts with "except that", since the whole phrase goes together. Mr. Flasco agreed. This was accepted as a friendly amendment. Mrs. Brougham moved t amend the deletion of campers mounted on Pick-up Trucks. 2nd. by P. Edwards Mr. Selstad moved to postpone until next meeting and this CB 418 be brought back with revisions suggested. 2nd, by Mr. Eafanti Vote: 7-1 with V. Edwards voting no t